Acceptable Use Policy

This Acceptable Use Policy applies in addition to the SmartFocus Software Services Agreement and forms part of the Contract between Client and SmartFocus.

This page was last updated on 9th February 2018.

1. Use Rates

1.1.  You must use the SmartFocus Software Services within the volume or rate limit set out in the Sales Order.

1.2.  If you integrate the SmartFocus Software Services using an API (or other) interface, you must put in place programming which does not generate an unreasonable or excessive number of requests over a short period of time.

1.3.  Unless there is a technically valid reason to do so, you must ensure that there are:

  • No more than 2 branded sender domains per account; and
  • No more than 2 aliases per branded sender domain per account.

1.4.  Clients are not permitted to send marketing messages over the NMP (transactional) platform.

1.5. Clients must use branded tracking links and branded sender domains for all marketing and transactional messaging purposes.

2. Recipient’s Consent and Opt-out

2.1.  You must not send marketing messages to: (a) any recipient who has not given required consent to the sender to receive email from that sender; and (b) any recipients on lists that have been purchased, shared, traded or harvested.

2.2.  You must ensure that all messages that you send must contain clear instructions on how recipients may unsubscribe or modify their preferences. If the unsubscribe link is not processed by SmartFocus (using SmartFocus Unjoin), you must ensure that within 48 hours: (a) any opt-out requests are processed; (b) that requester’s email address is removed from your mailing list; and (c) they cease to receive emails from you.

2.3. Our Anti-Spam Policy must be adhered to.

3. Client Content and Messages

Client Content and messages uploaded or sent through our services (“Messages”) must not have material (or references to material) that:

3.1.  is sexually explicit;

3.2.  promotes discrimination based on race, gender, religion, nationality, disability sexual orientation or age;

3.3.  is menacing, threatening, abusive or invasive of another ́s privacy, causes harassment, anxiety, alarm, upset, embarrassment, annoyance or inconvenience to any person;

3.4.  promotes violence or aggression;

3.5.  encourages, promotes, solicits or assists any unlawful act, including intellectual property infringement or computer misuse;

3.6.  is unsolicited or unauthorised advertising or promotional material (spam);

3.7.  contains any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

3.8.  gives the impression that they emanate from another entity (that is not the Client or its affiliates) or that emanates from a domain with a concealed owner, or that is considered “phishing”; or

3.9.  is otherwise objectionable.

4. Breach of Acceptable Use Policy

4.1  If you breach this Acceptable Use Policy, SmartFocus may suspend or terminate your account or limit the rate of use. This does not limit any other rights or remedies that SmartFocus may have under the Contract.